EPLAW Patent Blog

Young EPLAW 2013 - Mark your Calendar

EPLAW is pleased to announce that the annual Young EPLAW meeting will be held on Monday 22 April 2013 in Brussels

The Young EPLAW meeting is a get-together organized especially for young patent lawyers (up to 36 years) who work in the office of an EPLAW member. It offers an excellent occasion to meet young colleagues from all over Europe.

Further information will follow shortly. The programs of past Young EPLAW meetings can be found on the Eplaw website here.

EPLAW - Congress and General Assembly

The EPLAW Congress and General Assembly will take place on 7 December 2012 at the usual venue in Brussels (Le Méridien, close to the Central station).

You may read the programme here.

Please register by 28 November 2012.

Young EPLAW 2012 - Mark your Calendar

EPLAW is pleased to announce that the annual Young EPLAW meeting will be held on Monday 23 April 2012 in Brussels.

The Young EPLAW meeting is a get-together organized especially for young patent litigators (up to 36 years) who work in the office of an EPLAW member. It offers an excellent occasion to meet young colleagues from all over Europe.

Further information will follow shortly. The programs of past Young EPLAW meetings can be found on the Eplaw website here.

Young EPLAW - Reminder

Please be reminded that the 4th Young EPLAW Meeting will take place in Bussels on 9 May 2011. Patent lawyers up to 36 years may register until the end of next week. The program has been finalized and can be consulted here.

You will find the hotel information and registration forms here.

EUCJ - More Hope for the European Patent Court

  More Hope for the European Patent Court,
  by Winfried Tilmann

"I have read Jochen Pagenberg's Article with interest. I use the facilities of our EPLAW patent blog for a discussion with him, inviting also other EPLAW members to join in on our exchange of views."

Read the entire response here.

Read Jochen Pagenberg's article 'Little hope for an EU Patent Court after the CJ opinion' here.

Read Winfried Tilmann's earlier article 'EUCJ Opinion 01/09 analysis and consequences' here.

EUCJ - Little Hope for an EU Patent Court after the CJ Opinion

Little Hope for an EU Patent Court after the CJ Opinion, by Jochen Pagenberg

"After the Opinion of the Advocates General of July 2, 2010 in the case 1/09 which had come to the conclusion that the Proposal for an Agreement on a combined court system for EPC and EU patents is incompatible with the EU Treaties , now the European Court of Justice (CJ) has spoken. The Opinion comes to the conclusion that

The envisaged agreement creating a unified patent litigation system (currently called ‘European and Community Patents Court’) is not compatible with the provisions of the EU Treaty and the FEU Treaty.

In its reasoning the Court challenges some of the corner stones on which the Draft Agreement of 23 March 2009 was built. The Opinion seems to request a court which would have little in common with the court envisaged in the Draft Agreement. It is therefore doubtful whether such drastic modifications as they would be required would still be attractive for the users."

Read the entire article here.

EUCJ - Opinion 01/09 - Analysis and Consequences

EUCJ - Opinion 01/09 - Analysis and Consequences, by Winfried Tilmann

"I. The Opinion

1.     In 2009 the Council, at the request of the Commission, submitted a draft Agreement for the creation of a European and Community Patents Court (PC) to the Court of Justice of the European Union (EUCJ) for an opinion on the compatibility of this draft Agreement with EU law.



2.    The EUCJ, in its Opinion 01/09 of March 8, 2011, came to the conclusion (Nr. 89) that conferring an exclusive jurisdiction to hear a significant number of actions in the field of the Community patent and interpreting and applying European Union law in that field

            on an international court which is outside the institutional and judicial framework of the  European Union

would deprive Member States courts and the EUCJ of their powers and obligations to cooperate in interpreting and applying Union law."

Read the entire article here.

Young EPLAW - Program and Registration

The program of the Young EPLAW meeting which is to take place in Brussels on 9 May, has now been announced. It promises to become an interesting meeting for patent lawyers up to 36 years old, with the following topics:

- After the EUCJ Opinion 01/09: how to move forward with the Patent Court Agreement for European and Unitary Patents.

- Amendment of Patent Claims during Litigation – How to deal with different patent claims of a European patent in various jurisdiction?

- Territorial scope of patent infringement

- Can E-Bay type factors come into play in case of patent infringement?

- Enforcement Directive, including evidence proceedings

Read the complete program here.

Download the registration form here.

Download the hotel reservation form here.

Download a selection of hotels here.

Young EPLAW 2011 - Mark your Calendar

EPLAW is pleased to announce that the annual Young EPLAW meeting will be held on Monday 9 May 2011 in Brussels.

The Young EPLAW meeting is a get-together organized especially for young patent lawyers (up to 36 years) who work in the office of an EPLAW member. It offers an excellent occasion to meet young colleagues from all over Europe.

Further information will follow shortly. The programs of past Young EPLAW meetings can be found on the EPLAW home page.

Young EPLAW - Presentations

The Young EPLAW Conference which was held last week in Brussels was again a great success. Below you will find the various topcis that were discussed as well as links to the presentations by the various speakers.

Recent trends

Supplementary Protection Certificates –Recent European Case Law
Miriam Gundt and Roland Böhler

Claiming the infringer profit in a distribution chain
Alexander Haertel

Cross-Border European Patent Litigation

Management of cross-border European Litigation: coordinating several national and EPO proceedings
Christopher Stothers

Cross Border infringement situations after GAT/LUK
Daan de Lange and Tilman Müller-Stoy

The European and EU Patents Court (EEUPC) What is wrong with it?
Jochen Pagenberg

EUCPC: Towards a Young EPLAW Resolution

The European and Community Patent Court
Denis Schertenleib

Courts/Jurisdiction - Risk of Forum Shopping
Jeppe Brinck-Jensen

EUCPC Timetable for proceedings
Sara de Sousa

Oral Hearing
Kaya Köklü